Case Study Of Hutchison And Vodafone - 992 Words

Case facts The case talked about the 2 companies i.e. Hutchison and Vodafone. Hutchison Telecommunications International Ltd (HTIL) Hutchison Telecommunications Hong Kong Holdings Limited (stock code: 215) is an established telecommunications operator providing advanced mobile telecommunications services in Hong Kong and Macau under the 3 brand Island (Mauritius)’ was a 100 % Subsidiary of Hutchison (Hong Kong). Vodafone (VIH) Vodafone International Holdings BV – a company incorporated in Netherlands. It was the purchaser of one share of CGP Hutchison Essar Limited (HEL) Hutchison Essar Limited, under the brand name Hutch, operates in 16 licence areas in India It has CGP Company as a subsidiary holding about 67 % shares and Essar had†¦show more content†¦Thus Vodafone was asked to pay Penalty of about 11,000 Crore for amount to be paid to HTIL. Wherein Vodafone has not replied to that notice and filed a writ petition to the challenge. Vodafone was trying to use the method of Tax heavens and SPV’which are designed to help in similar cases but MUMBAI high court rejected the petition with cost. Post that they tried to file again using SLP as a sword against Supreme Court and further the case was passed to income tax department Law continuous to impose various legal system on this particular case and confirms that Vodafone have to pay raised by to India, but Vodafone also presented massive documentary evidence and tried hard to get rid of the situation. Issue in the case †¢ On the name of CGP Company which was otherwise a null entity, Vodafone Company was asked to pay taxes for a purchase of subsidiary company (CGL) of †¢ Hutchison Essar telecom †¢ Retrospective amendment is being allowed †¢ Whether Income Tax Department has a control over asking for the taxes over the transaction among two foreign companies Act and law used in this case †¢ ITA - Income-tax Act. †¢ Retrospective legislation †¢ Share purchase agreement †¢ Transfer pricing tax Vodafone perspective According to the company, the transaction had occurred between VIH and HTIL wherein they entered into a SPA for the sale of CGP share. 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